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Joshua, Lawyer
Category: Law
Satisfied Customers: 30007
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I’m worried about if I’ll get my inheritance I’m entitled

Customer Question

I’m worried about if I’ll get my inheritance I’m entitled too
JA: Where are you? It matters because laws vary by location.
Customer: Sheffield, uk
JA: What steps have you taken so far?
Customer: My brother is the executor, tried to sell the estate that’s 1/3 mine but now he wants to have the house himself and get a mortgage
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: He wrote an email out for me about the transfer and sale but I’m not sure what it meant and I don’t know if I’ll get the money I’m supposed to or if what he’s doing is the best for all of us
Submitted: 11 days ago.
Category: Law
Expert:  Joshua replied 11 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

I am very sorry to read of the above and I imagine how frustrating it must be. I will certainly try to clarify the position for you.

  1. may I clarify please is your concern with your brother will pay you what you are entitled to under the will please?
  2. If so have you seen a copy of the will and from what you say, you are entitled to a one third share of the residue of the estate. Is that correct?
Customer: replied 11 days ago.
My dad has been putting the idea into my head saying my brother is trying to not give me any of the money I’ve been left in the will. I’m entitled to 1/3 of the estate and savings. I have seen a copy of the will and it says so.
My brother wants me to sign over a transfer of deeds to the house so he can get a mortgage but my dad says by doing so it means I’m also signing over my money and that my brother would end up reselling the house and getting more than me and my mom who also is entitled to 1/3 .
Expert:  Joshua replied 11 days ago.

thank you. Do I understand correctly that your brother is seeking to buy out your share in the property? If so, are you content for this and have you agreed a price for the buy out?

Customer: replied 11 days ago.
I’m not really sure, I don’t understand what he means or what he’s trying to do.
Customer: replied 11 days ago.
No one is informing me anything.
Expert:  Joshua replied 11 days ago.

thank you. Based upon what you say, you have an interest in the property as a beneficiary under the will and therefore, there is no obligation upon you to transfer your share in the property to your brother and indeed it would be unwise to do so until such time as you have agreed all of the terms of any buyout. In terms of how a deal such as the above could be structured, the first step would be for you to obtain valuations in respect of the property from ideally at least two sources and potentially more if you are unsatisfied and then agree on a value for the property which in turn you can then use to calculate the value of your share. An agreement must be reached as between you as regards ***** ***** your brother will pay you for your share.

Next assuming this can be agreed, your brother will need to arrange financing in respect of the purchase unless he has funds available himself in this respect. He will need to explain the position to a mortgage broker if he requires mortgage finance explaining that the transaction will involve a transfer of equity simultaneously on completion.

He will then need to instruct a solicitor in connection with the mortgage and transfer of equity and that solicitor will be able to give you undertakings which are legally enforceable confirming the amount that will be transferred to you and that any documents you sign, as you will be required to sign a transfer deed and certain other documents before you receive any money, will not be released by the solicitor for any purpose until such time as they have transfer monies that have been agreed to you. Optionally, you may decide to appoint your own solicitor to act for you in the transaction which ignoring costs, would be sensible there is no requirement that you do so

Expert:  Joshua replied 10 days ago.

I hope the above is of some assistance but if you have any further questions, please revert to me.

Expert:  Joshua replied 9 days ago.

I trust the above was of assistance and that you do not have any follow up questions for now. If there is anything else I can help with please reply back to me though.

Expert:  Joshua replied 8 days ago.

Thank you again for visiting JustAnswer and see you again in the future I hope.